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Meaning of 'compel'

Submitted by penwing on Thu, 06/13/2013 - 16:14

Bill:

Marriage (Same Sex Couples) Bill 2013

Stage:

LordsC

Proposer:

Lord Hylton

Verdict:

Bad

Synopsis:

Currently, the Bill does not define "compel" - this amendment seeks to rectify that. "Compel" is used throughout Clause 2 to say that, for example, a person should not be compelled to conduct a relevant marriage (which is defined as one under religious auspices).

This issue was brought up in the Commons and rejected. The only difference is the removal of (c) any other legal proceedings.

I am struggling to work out how they think any of the examples they have listed may come about (higher charges for registering a premises for opposite-sex couples only? - but that would contradict a Local Authority's Equality duties), criminal and civil penalties are a matter of law... you can't just write yourself a broad get-out like that, you have to be specific about which criminal laws you are afraid of violating.

Amendment:

After Clause 2

Insert the following new Clause—
“Meaning of “compel”

(1) For the purpose of this Act “compelled” includes, but is not limited to—

(a) less favourable treatment of a person by a public authority, and
(b) the imposition of any criminal or civil penalty, as a result of a decision not to opt-in, conduct, be present at, participate in, or consent to the taking place of relevant marriages.

(2) Expressions used in this section have the same meaning as the expressions
in section 2 of this Act.”

Bill Text:

2A - Meaning of “compel”

(1) For the purpose of this Act “compelled” includes, but is not limited to—

(a) less favourable treatment of a person by a public authority, and
(b) the imposition of any criminal or civil penalty, as a result of a decision not to opt-in, conduct, be present at, participate in, or consent to the taking place of relevant marriages.

(2) Expressions used in this section have the same meaning as the expressions
in section 2 of this Act.